Opinion
No. 3D98-2564.
Opinion filed March 1, 2000.
Appeal from the Circuit Court for Dade County, Richard Fuller, Judge, L.T. No. 94-31780.
Bennett H. Brummer, Public Defender, and Mark Graham Hanson, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Jan E. Vair, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.
CONFESSION OF ERROR
Upon the State's proper confession of error, we reverse the defendant's sentence and remand for entry of a written sentencing order that is consistent with the trial court's oral pronouncement. See Turner v. State, 731 So.2d 809 (Fla. 3d DCA 1999); Tannenhill v. State, 712 So.2d 438 (Fla. 3d DCA 1998). Specifically, the transcripts show that the trial court sentenced the defendant to concurrent sentences of 86 months for Count 1 and Count 2 in Circuit Court Case No. 94-31780, to be served consecutively to the sentence received in the defendant's probation revocation in Circuit Court Case No. 93-48317. As a result of the State's confession of error, the remaining issues raised by the defendant are rendered moot.
Reversed and remanded.